(e) Finally, if there is a range of appropriate sentence, then the court must use the principle of the best interests of the child as an important guide in deciding which sentence to impose.13 37. Therefore, a non-custodial sentence should be considered first, before imposing a custodial one, and should a custodial sentence be considered, then it should be appropriate taking the best interest of the child into consideration. 38. Article 19 of the African Children‟s Charter grants a child the entitlement to enjoyment of parental care and protection. With the sentencing of parents to prison or custodial settings, the rights of a child in terms of Article 19 of the African Children‟s Charter are restricted. Article 19(1) reaffirms that only a judicial authority can separate a child from parental care, and only if it is in the best interest of such child. Therefore, when considering custodial sentences against convicted mothers/ parents, the court in a Member State must have considered the best interest of children, as not only Article 30(1)(a) and Article 4 requires it, but also Article 19(1) in relation to the separation of a child from his/ her parental care. 39. Article 30 should not be interpreted as allowing for convicted parents/ primary caregivers to evade accountability for their offences. Taking children's best interests into account does not mean that parents and caregivers cannot be detained or imprisoned. Such an approach would render systems of criminal law unworkable, to the detriment of society as well as the interests of children, who benefit along with everyone else from the prevention of crime. States Parties must ensure that judicial officers are equipped to be able to weigh the best interests of the child versus the gravity of the offence and public security when considering the incarceration of a mother/ parent. 40. If the parent/primary caregiver of the child is imprisoned, then States Parties are under an obligation to ensure appropriate alternative care for such child/ children in accordance with Article 25 of the African Children‟s Charter. Such care could be informal with existing family, or in formal institutions, foster care or even adoption. 13 This guidance is loosely based upon that provided in a South African case S v M Case CCT 53/06 [2007] ZACC 18, paragraph 36. 17